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Terms and Conditions

Last
Updated 17 May 2018

Terms of Service

1. School
Lettings Limited of Wohl Building, Redbourne Avenue, London, N3 2BS hereinafter
referred to as "SchoolHire", "we", "us",
or "our") provides an online platform that connects schools,
colleges, universities and leisure centres who have facilities to rent ("Venues")
with users seeking to rent such facilities ("Users")
(collectively, the "Services"). The Services are accessible
at www.schoolhire.co.uk and any other websites through which SchoolHire makes the Services
available (collectively, the "Site"). Only registered users (a
"Member" or collectively "Members") will be
permitted to undertake a transaction using the Site. By using the Site you
agree to comply with and be legally bound by these terms and conditions
relating to the Service ("Terms"), even if you do not become a
Member. These Terms govern your access to and use of the Site, the Services and
all Content (defined below), and constitute a binding legal agreement between
you and SchoolHire.

2. By
becoming a member and then accessing any information from the Site or Services
and or proceeding to engage with a Venue you are deemed to have read all of
these Terms, and Policies together with any updates published from time to time
and you agree to be bound by them.

3. The
Site and Services comprise an online platform through which Users may learn
about and contract to use the Venue’s facilities directly with the Venue using
the platform. You understand and agree that SchoolHire is not a party to any
agreement entered into between a User and a Venue and that SchoolHire has no
control over the conduct of the Venues, Users and other users of the Site or
its Services. SchoolHire specifically disclaims all and any liability over the
conduct of any Venues, Users or other users of the Site and Services to the
maximum extent permitted by Law.

4. If
you accept or agree to these Terms on behalf of a company or other legal
entity, you represent and warrant that you have the authority to bind that
company or other legal entity to these Terms and, in such event,
"you" and "your" will refer and apply to that company or
other legal entity.

Definitions

"Booking" means
a request by a User to book a Facility that is confirmed by a Venue.

"Booking Request" means
a request by a User to book a Facility.

"Cancellation
Policy" means the relevant cancellation policy that the applicable
Venue uses and which a User agreed to when making a Booking Request.

"Facility"
means a facility (or facilities) listed by a Venue as available for rental to
Members via the Site and Services.

"Facility
Fees" means the amounts that are due and payable by a User in exchange
for that User's use of a Facility and any additional charges the Venue has
stipulated for services such as equipment or food and drink. The Venue alone,
and not SchoolHire, determines these amounts. The Venue may in its sole
discretion decide to include in these amounts Taxes that the Venue determines
that he or she has to collect which must be clearly displayed including whether
for example VAT is included or not. If a Tax is not displayed then it will be
deemed to be included.

"Member"
means a person who completes SchoolHire's account registration process, and has
agreed to be bound by these Terms and Policies.

"Payment
Fees" means the payment fee that SchoolHire charges a User for booking
a Facility with a Venue via the online platform to the extent the payment fee
is not absorbed by the Venue. The payment fee will be displayed to the User
when the User is asked whether it wishes to send a Booking Request to a Venue.

"Tax"
or "Taxes" mean any value added tax (VAT) or such other tax
that Venue may be required by law to collect.

"Total
Fees" means the Facility Fees and the Payment Fees (plus any Taxes in
respect of User Fees, such as VAT).

"User"
means a Member who requests from a Venue a booking of a Facility via the Site
or Services.

"Venue” means an organisation lists its
Facilities via the Site and Services.

Modification

SchoolHire
reserves the right, at its sole discretion, to modify the Site or Services or
to modify these Terms, at any time and without prior notice. If we modify these
Terms, we will post the modification on the Site or via the Application or
provide you with notice of the modification. We will also update the "Last
Updated Date" at the top of these Terms. By continuing to access or use
the Site, or Services after we have posted a modification on the Site or have
provided you with notice of a modification, you will be deemed to have accepted
that you will be bound by the modified Terms. If the modified Terms are not
acceptable to you, your only recourse is to cease using the Site and
Services.

How the site and services work

1.
The Site and Services can be used to facilitate the
searching, listing, Booking and payment of Facilities. Such Facilities are
listed on the Site by Venues.

2. As
stated above, SchoolHire makes available an online platform or marketplace with
related technology for Users and Venues to meet online and arrange for bookings
and payment for Facilities directly with each other. SchoolHire's
responsibilities are limited to: (i) facilitating the availability of the Site
and Services and (ii) serving as the limited payment collection agent of each
Venue for the purpose of accepting payments from Users on behalf of the
Venue.

3. All
bookings for a Facility are made directly between the Venue and the User and
all Bookings are made at the Users’ own risk. SchoolHire cannot and does not
control the content of Facility listing and does not control the condition or
suitability of any Facility. Facilities are used by Users at the risk of the
User who should ensure that all insurances for the use of the Facility are in
place. SchoolHire specifically disclaims all and any liability over the
condition of any Facility to the maximum extent permitted by Law.

Account registration

In
order to access certain features of the Site and to book a Facility or create a
Listing, you must register to create an account ("SchoolHire Account")
and become a Member. You may register to join the Services directly via the
Site or as described in this section.

Bookings and financial terms for Users

1. The
Venues, not SchoolHire, are solely responsible for the performance of any
Bookings and making available any Facilities reserved through the Site. If you,
as a User, choose to enter into a transaction with a Venue for the booking of a
Facility, you agree and understand that you are entering into an agreement
directly with the Venue and that you agree to accept any terms, conditions,
rules and restrictions associated with such Facility imposed by the Venue. You
acknowledge and agree that SchoolHire will not be responsible for the
performance of any agreement you enter into with the Venue. SchoolHire is not a
party to the agreement between the User and the Venue for the use of the Facility
and with the exception of its payment obligations, SchoolHire disclaims all
liability arising from or related to any such agreement. You acknowledge and
agree that SchoolHire is acting solely as the Venue’s payment collection agent
for the limited purpose of accepting payments from you on behalf of the Venue.
Upon payment of the Total Fees to SchoolHire your payment obligation to the
Venue for the Facility Fees is extinguished.

2. The
Total Fees payable will be displayed to a User before the User sends a Booking
Request to a Venue.

3. In
order for a User to confirm a booking the User will be required to pay in full
the Total Fees to SchoolHire as soon as that the Booking Request has been
accepted.

Cancellations and refunds

1. If,
as a User, you wish to cancel/amend a Booking made via the Site, the
Cancellation Policy of the Venue will apply to such cancellation.

2. If
a Venue cancels/amends a Booking made via the Site, SchoolHire will refund the
Facility Fees as well as the Payment Fees (or proportion of the Facility Fees,
as well as a proportion of the Payment Fees as applicable) to the applicable
User within a commercially reasonable time of the cancellation.

Use By Users and Damage to facilities

Users
must use the Facility as per each Venue’s terms and conditions. As a User, you
are responsible for leaving the Facility in the condition it was in when you
arrived. You acknowledge and agree that, as a User, you are responsible for
your own acts and omissions and are also responsible for the acts and omissions
of any individuals whom you invite to, or otherwise provide access to, the
Facility. In the event that a Venue provides evidence of damage, including but
not limited to photographs, you agree to pay the cost of replacing the damaged
items with equivalent items. The recovery of damages will be a matter to be
determined between the User and the Venue and SchoolHire will have no role to
play in such determination.

User conduct

In
addition to complying with these Terms of Use, you additionally agree not to do
any of the following in connection with your use of the Service:

1. use
automated scripts to collect information from the Site or Service;

2. impersonate
any person or entity, or falsely state or otherwise misrepresent yourself or
your affiliation with any person or entity;

3. upload,
post, transmit or distribute any unsolicited or unauthorised advertising,
solicitations, promotional materials, or any other prohibited form of
solicitation;

4. upload,
post, transmit, distribute, store or make publicly available on the Site any
private information of any third party;

5. upload,
post, transmit or distribute any material that contains viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer hardware, software, or telecommunications
equipment;

6. intimidate
or harass any third party;

7. upload,
post, transmit, distribute, store or otherwise make available on the Website
content that might constitute, encourage or provide instructions for the
commission of a criminal offence;

8. use
or attempt to use another party's account, service or system without the
written consent of both SchoolHire and that other party;

9. create
a false identity on the Site or Service;

10. use
the Site or Service in any way that may create a conflict of interest or
undermine the integrity and purposes of the Site or Service; or

11. upload,
post, transmit, distribute, store or otherwise make available on the Site any
comments you are not properly authorised or qualified to make.

Ownership

You
acknowledge and agree that the Site, Services and Content, including all
associated intellectual property rights, are the exclusive property of
SchoolHire and its licensors. You will not remove, alter or obscure any
copyright, trademark, service mark or other proprietary rights notices
incorporated in or accompanying the Site, Services, or Content.

Links

The
Site and Services may contain links to third-party websites or resources. You
acknowledge and agree that SchoolHire is not responsible or liable for: (i) the
availability or accuracy of such websites or resources; or (ii) the content,
products, or services on or available from such websites or resources. Links to
such websites or resources do not imply any endorsement by SchoolHire of such
websites or resources or the content, products, or services available from such
websites or resources. You acknowledge sole responsibility for and assume all
risk arising from your use of any such websites or resources or the Content,
products or services on or available from such websites or resources.

Some
portions of the SchoolHire platform implement Google Maps/Earth mapping
services, including Google Maps API(s). Your use of Google Maps/Earth is
subject to Google's terms of use

Proprietary rights notices

All
trademarks, service marks, logos, trade names and any other proprietary
designations of SchoolHire used herein are trademarks or registered trademarks
of SchoolHire. Any other trademarks, service marks, logos, trade names and any
other proprietary designations are the trademarks or registered trademarks of
their respective parties.

Intellectual property policy

SchoolHire
respects the intellectual property rights of others and expects its users to do
the same.

Feedback

We
welcome and encourage you to provide feedback, comments and suggestions for
improvements to the Site and Services ("Feedback"). You may
submit Feedback by emailing us at info@schoolhire.co.uk. You acknowledge and agree that all Feedback will be the sole and
exclusive property of SchoolHire and you hereby irrevocably assign to
SchoolHire and agree to irrevocably assign to SchoolHire all of your right,
title, and interest in and to all Feedback, including without limitation all
worldwide patent, copyright, trade secret, moral and other proprietary or
intellectual property rights therein. At SchoolHire's request and expense, you
will execute documents and take such further acts as SchoolHire may reasonably
request to assist SchoolHire to acquire, perfect, and maintain its intellectual
property rights and other legal protections for the Feedback.

Disclaimers

1.
The Site, Services and Content are provided "as is", without warranty
of any kind, either express or implied. Without limiting the foregoing,
SchoolHire explicitly disclaims any warranties of merchantability, fitness for
a particular purpose, quiet enjoyment or non-infringement, and any warranties
arising out of a course of dealing or usage of trade. SchoolHire gives no
warranty that the Site, Services, Content, including, but not limited to, the
Facilities will meet a User's requirements or be available on an uninterrupted,
secure, or error-free basis.

2. No
advice or information, whether oral or written, obtained from SchoolHire or
through the Site or Services or Content, will create any warranty not expressly
made herein.

3. You
are solely responsible for all of your communications and interactions with
other users of the Site or Services and with other persons with whom you
communicate or interact as a result of your use of the Site or Services,
including, but not limited to, any Venues.

Limitation of liability

1. You
acknowledge and agree that, to the maximum extent permitted by law, the entire
risk arising out of your access to and use of the Site, Services and Content,
your Bookings via the Site and Services, and any contact you have with other
users of SchoolHire whether in person or online remains with you. Neither
SchoolHire nor any other party involved in creating, producing, or delivering
the Site, Services or Content will be liable for any incidental, special, exemplary
or consequential damages, including lost profits, loss of data or loss of
goodwill, service interruption, computer damage or system failure or the cost
of substitute products or services, or for any damages for personal or bodily
injury or emotional distress arising out of or in connection with these terms,
from the use of or inability to use the Site, Services or Content, from any
communications, interactions or meetings with other users of the Site, or
Services or other persons with whom you communicate or interact as a result of
your use of the Site or Services, whether based on warranty, contract, tort
(including negligence), product liability or any other legal theory, and
whether or not SchoolHire has been informed of the possibility of such damage,
even if a limited remedy set forth herein is found to have failed of its
essential purpose.

2. In
no event will SchoolHire's aggregate liability arising out of or in connection
with these Terms and your use of the Site and Services or from the use of or
inability to use the Site, Services, or Content and in connection with any
Facilities or interactions with any other Members, exceed the amounts you have
paid for a Booking via the Site and Services as a User in the three month
period prior to the event giving rise to the liability. The limitations of
damages set forth above are fundamental elements of the basis of the bargain
between SchoolHire and you.

17.Indemnification

You
agree to release, defend, indemnify, and hold SchoolHire and its affiliates and
subsidiaries, and their officers, directors, employees and agents, harmless
from and against any claims, liabilities, damages, losses, and expenses,
including, without limitation, reasonable legal and accounting fees, arising
out of or in any way connected with (a) your access to or use of the Site,
Services, or Content or your violation of these Terms; (b) your (i) interaction
with any Venue or (ii) booking of a Facility and (c) the use, condition or
rental of a Facility by you, including but not limited to any injuries, losses,
or damages (compensatory, direct, incidental, consequential or otherwise) of
any kind arising in connection with or as a result of a rental, booking or use
of a Facility.

Entire agreement

These
Terms constitute the entire and exclusive understanding and agreement between
SchoolHire and you regarding the Site, Services, Content, any Bookings made via
the Site and Services, and these Terms supersede and replace any and all prior
oral or written understandings or agreements between SchoolHire and you
regarding Bookings, the Site, Services and Content.

Severability

In
the event any provision, clause, sentence, phrase, or word in these Terms or
their application is held to be invalid or unenforceable such invalidity or unenforceability
shall not affect the validity or unenforceability of the remainder of these
Terms or the application of any such provision, sentence, clause, phrase or
word in any other circumstances.

Notices

Any
notices or other communications permitted or required hereunder, including
those regarding modifications to these Terms, will be in writing and given by
SchoolHire (i) via email (in each case to the address that you provide) or (ii)
by posting to the Site. For notices made by e-mail, the date of receipt will be
deemed the date on which such notice is transmitted.

Controlling law and jurisdiction

These
Terms will be governed by the laws of England and Wales and be enforceable only
in a court of competent jurisdiction in England and Wales.

Privacy Policy

Our
collection and use of personal information in connection with your access to
and use of the SchoolHire platform is described in our Privacy Policy and
forms part of these terms and conditions.

Contacting SchoolHire

If
you have any questions about these Terms please contact SchoolHire at info@schoolhire.co.uk